HB 135

1
A bill to be entitled
2An act relating to charter schools; creating s. 1002.335,
3F.S.; providing findings and intent; establishing the
4Florida Schools of Excellence Commission as a charter
5school authorizing entity; providing for startup funds;
6providing for membership of the commission; providing
7powers and duties of the commission, including serving as
8a sponsor of charter schools, approving certain entities
9to act as cosponsors, approving or denying applications
10for Florida Schools of Excellence (FSE) charter schools,
11and developing standards for and evaluating the
12performance of cosponsors and charter schools; requiring
13collaboration with municipalities, state universities,
14community colleges, and regional educational consortia as
15cosponsors for FSE charter schools; providing chartering
16authority; prescribing procedures under which a district
17school board may become the exclusive authority to
18authorize charter schools within a school district;
19providing for challenges to grants of exclusive authority;
20prescribing conditions to be considered by the State Board
21of Education in determining whether to grant exclusive
22authority; providing requirements for approval of
23cosponsors by the commission; providing components of
24required cosponsor agreements; providing causes for
25revocation of approval of a cosponsor; providing for FSE
26charter school application and review procedures;
27authorizing existing charter schools to apply as FSE
28charter schools; providing for application of specified
29provisions of law; requiring access to information by
30parents; requiring the commission to submit an annual
31report; requiring rulemaking; amending s. 1002.33, F.S.;
32providing that the sponsor of a charter school shall not
33be liable for civil damages for certain actions; providing
34that the duty to monitor a charter school shall not be the
35basis for a private cause of action; prescribing limits on
36immunities of a charter school sponsor; providing
37requirements with respect to the right to appeal the
38denial of a charter school application; expanding a school
39district's immunity from assumption of contractual debts;
40revising provisions relating to reporting of charter
41school student enrollment for purposes of funding;
42providing an effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Section 1002.335, Florida Statutes, is created
47to read:
48     1002.335  Florida Schools of Excellence Commission.--
49     (1)  FINDINGS.--The Legislature finds that:
50     (a)  Charter schools are a critical component in the
51state's efforts to provide efficient and high-quality schools
52within the state's uniform system of public education.
53     (b)  Charter schools provide valuable educational options
54and innovative learning opportunities while expanding the
55capacity of the state's system of public education and
56empowering parents with the ability to make choices that best
57fit the individual needs of their children.
58     (c)  The growth of charter schools in the state has
59contributed to enhanced student performance, greater efficiency,
60and the improvement of all public schools.
61     (2)  INTENT.--It is the intent of the Legislature that:
62     (a)  There be established an independent, state-level
63commission whose primary focus is the development and support of
64charter schools in order to better meet the growing and diverse
65needs of some of the increasing number and array of charter
66schools in the state and to further ensure that charter schools
67of the highest academic quality are approved and supported
68throughout the state in an efficient manner.
69     (b)  New sources of community support in the form of
70municipalities with knowledge of the unique needs of a
71particular community or state universities, community colleges,
72or regional educational consortia with special education
73expertise should be authorized to participate in developing and
74supporting charter schools that maximize access to a wide
75variety of high-quality educational options for all students
76regardless of disability, race, or socioeconomic status.
77     (3)  FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.--
78     (a)  The Florida Schools of Excellence Commission is
79established as an independent, state-level charter school
80authorizing entity working in collaboration with the Department
81of Education and under the supervision of the State Board of
82Education. Startup funds necessary to establish and operate the
83commission may be received through private contributions and
84federal and other institutional grants through the Grants and
85Donations Trust Fund and the Educational Aids Trust Fund housed
86within the department in addition to funds provided in the
87General Appropriations Act. The department shall assist in
88securing federal and other institutional grant funds to
89establish the commission.
90     (b)  The commission shall be appointed by the State Board
91of Education and shall be composed of three appointees
92recommended by the Governor, two appointees recommended by the
93President of the Senate, and two appointees recommended by the
94Speaker of the House of Representatives. The Governor, the
95President of the Senate, and the Speaker of the House of
96Representatives shall each recommend a list of no fewer than two
97nominees for any appointment to the commission. The appointments
98shall be made as soon as feasible but no later than September 1,
992006. Each member shall serve a term of 2 years; however, for
100the purpose of providing staggered terms, of the initial
101appointments, three members shall be appointed to 1-year terms
102and four members shall be appointed to 2-year terms. Thereafter,
103each appointee shall serve a 2-year term unless the State Board
104of Education, after review, extends the appointment. If a
105vacancy occurs on the commission, it shall be filled by the
106State Board of Education from a recommendation by the
107appropriate authority according to the procedure set forth in
108this paragraph. The members of the commission shall annually
109vote to appoint a chair and a vice chair. Each member of the
110commission must hold a bachelor's degree or higher, and the
111commission must include individuals who have experience in
112finance, administration, law, education, and school governance.
113     (c)  The commission is encouraged to convene its first
114meeting no later than October 1, 2006, and, thereafter, shall
115meet each month at the call of the chair or upon the request of
116four members of the commission. Four members of the commission
117shall constitute a quorum.
118     (d)  The commission shall appoint an executive director who
119shall employ such staff as is necessary to perform the
120administrative duties and responsibilities of the commission.
121     (e)  The members of the commission shall not be compensated
122for their services on the commission but may be reimbursed for
123per diem and travel expenses pursuant to s. 112.061.
124     (4)  POWERS AND DUTIES.--
125     (a)  The commission shall have the power to:
126     1.  Authorize and act as a sponsor of charter schools,
127including the approval or denial of charter school applications
128pursuant to subsection (9) and the nonrenewal or termination of
129charter schools pursuant to s. 1002.33(8).
130     2.  Authorize municipalities, state universities, community
131colleges, and regional educational consortia to act as
132cosponsors of charter schools, including the approval or denial
133of cosponsor applications pursuant to State Board of Education
134rule and subsection (6) and the revocation of approval of
135cosponsors pursuant to State Board of Education rule and
136subsection (8).
137     3.  Approve or deny Florida Schools of Excellence (FSE)
138charter school applications and renew or terminate charters of
139FSE charter schools.
140     4.  Conduct facility and curriculum reviews of charter
141schools approved by the commission or one of its cosponsors.
142     (b)  The commission shall have the following duties:
143     1.  Review charter school applications and assist in the
144establishment of Florida Schools of Excellence (FSE) charter
145schools throughout the state. An FSE charter school shall exist
146as a public school within the state as a component of the
147delivery of public education within Florida's K-20 education
148system.
149     2.  Develop, promote, and disseminate best practices for
150charter schools and charter school sponsors in order to ensure
151that high-quality charter schools are developed and
152incentivized. At a minimum, the best practices shall encourage
153the development and replication of academically and financially
154proven charter school programs.
155     3.  Develop, promote, and require high standards of
156accountability for any school that applies for and is granted a
157charter under this section.
158     4.  Monitor and annually review the performance of
159cosponsors approved pursuant to this section and hold the
160cosponsors accountable for their performance pursuant to the
161provisions of paragraph (6)(c). The commission shall annually
162review and evaluate the performance of each cosponsor based upon
163the financial and administrative support provided to the
164cosponsor's charter schools and the quality of charter schools
165approved by the cosponsor, including the academic performance of
166the students that attend those schools.
167     5.  Monitor and annually review and evaluate the academic
168and financial performance of the charter schools it sponsors and
169hold the schools accountable for their performance pursuant to
170the provisions of chapter 1008.
171     6.  Report the student enrollment in each of its sponsored
172charter schools to the district school board of the county in
173which the school is located.
174     7.  Work with its cosponsors to monitor the financial
175management of each FSE charter school.
176     8.  Direct charter schools and persons seeking to establish
177charter schools to sources of private funding and support.
178     9.  Actively seek, with the assistance of the department,
179supplemental revenue from federal grant funds, institutional
180grant funds, and philanthropic organizations. The commission
181may, through the department's Grants and Donations Trust Fund,
182receive and expend gifts, grants, and donations of any kind from
183any public or private entity to carry out the purposes of this
184section.
185     10.  Review and recommend to the Legislature any necessary
186revisions to statutory requirements regarding the qualification
187and approval of municipalities, state universities, community
188colleges, and regional educational consortia as cosponsors for
189FSE charter schools.
190     11.  Review and recommend to the Legislature any necessary
191revisions to statutory requirements regarding the standards for
192accountability and criteria for revocation of approval of
193cosponsors of FSE charter schools.
194     12.  Act as liaison for cosponsors and FSE charter schools
195in cooperating with district school boards that may choose to
196allow charter schools to utilize excess space within district
197public school facilities.
198     13.  Collaborate with municipalities, state universities,
199community colleges, and regional educational consortia as
200cosponsors for FSE charter schools for the purpose of providing
201the highest level of public education to low-income, low-
202performing, gifted, or underserved student populations. Such
203collaborations shall:
204     a.  Allow state universities and community colleges that
205cosponsor FSE charter schools to enable students attending a
206charter school to take college courses and receive high school
207and college credit for such courses.
208     b.  Be used to determine the feasibility of opening charter
209schools for students with disabilities, including, but not
210limited to, charter schools for children with autism that work
211with and utilize the specialized expertise of the Centers for
212Autism and Related Disabilities established and operated
213pursuant to s. 1004.55.
214     14.  Support municipalities when the mayor or chief
215executive, through resolution passed by the governing body of
216the municipality, expresses an intent to cosponsor and establish
217charter schools within the municipal boundaries.
218     15.  Meet the needs of charter schools and school districts
219by uniformly administering high-quality charter schools, thereby
220removing administrative burdens from the school districts.
221     16.  Assist FSE charter schools in negotiating and
222contracting with district school boards that choose to provide
223certain administrative or transportation services to the charter
224schools on a contractual basis.
225     17.  Provide training for members of FSE charter school
226governing bodies within 90 days after approval of the charter
227school. The training shall include, but not be limited to, best
228practices on charter school governance, the constitutional and
229statutory requirements relating to public records and meetings,
230and the requirements of applicable statutes and State Board of
231Education rules.
232     18.  Perform all of the duties of sponsors set forth in s.
2331002.33(5)(b) and (20).
234     (5)  CHARTERING AUTHORITY.--
235     (a)  A charter school applicant may submit an application
236to the commission only if the school district in which the FSE
237charter school is to be located has not retained exclusive
238authority to authorize charter schools as provided in paragraph
239(e). If a district school board has not retained exclusive
240authority to authorize charter schools as provided in paragraph
241(e), the district school board and the commission shall have
242concurrent authority to authorize charter schools and FSE
243charter schools, respectively, to be located within the
244geographic boundaries of the school district. The district
245school board shall monitor and oversee all charter schools
246authorized by the district school board pursuant to s. 1002.33.
247The commission shall monitor and oversee all FSE charter schools
248sponsored by the commission pursuant to subsection (4).
249     (b)  Paragraph (e) may not be construed to eliminate the
250ability of a district school board to authorize charter schools
251pursuant to s. 1002.33. A district school board shall retain the
252authority to reauthorize and to oversee any charter school that
253it has authorized, except with respect to any charter school
254that is converted to an FSE charter school under this section.
255     (c)  For fiscal year 2007-2008 and for each fiscal year
256thereafter, a district school board may seek to retain exclusive
257authority to authorize charter schools within the geographic
258boundaries of the school district by presenting to the State
259Board of Education, on or before March 1 of the fiscal year
260prior to that for which the exclusive authority is to apply, a
261written resolution adopted by the district school board
262indicating the intent to retain exclusive authority to authorize
263charter schools. A district school board may seek to retain the
264exclusive authority to authorize charter schools by presenting
265to the state board the written resolution on or before a date 60
266days after establishment of the commission. The written
267resolution shall be accompanied by a written description
268addressing the elements described in paragraph (e). The district
269school board shall provide a complete copy of the resolution,
270including the description, to each charter school authorized by
271the district school board on or before the date it submits the
272resolution to the state board.
273     (d)  A party may challenge the grant of exclusive authority
274made by the State Board of Education pursuant to paragraph (e)
275by filing with the state board a notice of challenge within 30
276days after the state board grants exclusive authority. The
277notice shall be accompanied by a specific written description of
278the basis for the challenge. The challenging party, at the time
279of filing notice with the state board, shall provide a copy of
280the notice of challenge to the district school board that has
281been granted exclusive authority. The state board shall permit
282the district school board the opportunity to appear and respond
283in writing to the challenge. The state board shall make a
284determination upon the challenge within 60 days after receiving
285the notice of challenge.
286     (e)  The State Board of Education shall grant to a district
287school board exclusive authority to authorize charter schools
288within the geographic boundaries of the school district if the
289state board determines, after adequate notice, in a public
290hearing, and after receiving input from any charter school
291authorized by the district school board, that the district
292school board has provided fair and equitable treatment to its
293charter schools during the 4 years prior to the district school
294board's submission of the resolution described in paragraph (c).
295The state board's review of the resolution shall, at a minimum,
296include consideration of the following:
297     1.  Compliance with the provisions of s. 1002.33.
298     2.  Compliance with full and accurate accounting practices
299and charges for central administrative overhead costs.
300     3.  Compliance with requirements allowing a charter school,
301at its discretion, to purchase certain services or a combination
302of services at actual cost to the district.
303     4.  The absence of a district school board moratorium
304regarding charter schools or the absence of any districtwide
305charter school enrollment limits.
306     5.  Compliance with valid orders of the state board.
307     6.  The provision of assistance to charter schools to meet
308their facilities needs by including those needs in local bond
309issues or otherwise providing available land and facilities that
310are comparable to those provided to other public school students
311in the same grade levels within the school district.
312     7.  The distribution to charter schools authorized by the
313district school board of a pro rata share of federal and state
314grants received by the district school board, except for any
315grant received for a particular purpose which, by its express
316terms, is intended to benefit a student population not able to
317be served by, or a program not able to be offered at, a charter
318school that did not receive a proportionate share of such grant
319proceeds.
320     8.  The provision of adequate staff and other resources to
321serve charter schools authorized by the district school board,
322which services are provided by the district school board at a
323cost to the charter schools that does not exceed their actual
324cost to the district school board.
325     9.  The lack of a policy or practice of imposing individual
326charter school enrollment limits, except as otherwise provided
327by law.
328     10.  The provision of an adequate number of educational
329choice programs to serve students exercising their rights to
330transfer pursuant to the "No Child Left Behind Act of 2001,"
331Pub. L. No. 107-110, and a history of charter school approval
332that encourages chartering.
333     (f)  The decision of the State Board of Education pursuant
334to paragraph (e) shall not be subject to the provisions of
335chapter 120 and shall be a final action subject to judicial
336review by the district court of appeal.
337     (g)  For district school boards that have no discernable
338history of authorizing charter schools, the State Board of
339Education may not grant exclusive authority unless the district
340school board demonstrates that no approvable application has
341come before the district school board.
342     (h)  A grant of exclusive authority by the State Board of
343Education shall continue so long as a district school board
344continues to comply with this section and has presented a
345written resolution to the state board as set forth in paragraph
346(c).
347     (i)  Notwithstanding any other provision of this section to
348the contrary, a district school board may permit the
349establishment of one or more FSE charter schools within the
350geographic boundaries of the school district by adopting a
351favorable resolution and submitting the resolution to the State
352Board of Education. The resolution shall be effective until it
353is rescinded by resolution of the district school board.
354     (6)  APPROVAL OF COSPONSORS.--
355     (a)  The commission shall begin accepting applications by
356municipalities, state universities, community colleges, and
357regional educational consortia no later than January 31, 2007.
358The commission shall review and evaluate all applications for
359compliance with the provisions of paragraph (c) and shall have
36090 days after receipt of an application to approve or deny the
361application unless the 90-day period is waived by the applicant.
362     (b)  The commission shall limit the number of charter
363schools that a cosponsor may approve pursuant to its review of
364the cosponsor's application under paragraph (c). Upon
365application by the cosponsor and review by the commission of the
366performance of a cosponsor's current charter schools, the
367commission may approve a cosponsor's application to raise the
368limit previously set by the commission.
369     (c)  Any entity set forth in paragraph (a) that is
370interested in becoming a cosponsor pursuant to this section
371shall prepare and submit an application to the commission that
372provides evidence that the entity:
373     1.  Has the necessary staff and infrastructure or has
374established the necessary contractual or interagency
375relationships to ensure its ability to handle all of the
376administrative responsibilities required of a charter school
377sponsor as set forth in s. 1002.33(20).
378     2.  Has the necessary staff expertise and infrastructure or
379has established the necessary contractual or interagency
380relationships to ensure that it will approve and is able to
381develop and maintain charter schools of the highest academic
382quality.
383     3.  Is able to provide the necessary public and private
384financial resources and staff to ensure that it can monitor and
385support charter schools that are economically efficient and
386fiscally sound.
387     4.  Is committed to providing equal access to all students
388and to maintaining a diverse student population within its
389charter schools, including compliance with all applicable
390requirements of federal law.
391     5.  Is committed to serving low-income, low-performing,
392gifted, or underserved student populations.
393     6.  Has articulated annual academic and financial goals and
394expected outcomes for its charter schools as well as the methods
395and plans by which it will measure and achieve those goals and
396outcomes.
397     7.  Has policies in place to protect its cosponsoring
398practices from conflicts of interest.
399     (d)  The commission's decision to deny an application or to
400revoke approval of a cosponsor pursuant to subsection (8) is not
401subject to chapter 120 and may be appealed to the State Board of
402Education pursuant to s. 1002.33(6).
403     (7)  COSPONSOR AGREEMENT.--
404     (a)  Upon approval of a cosponsor, the commission and the
405cosponsor shall enter into an agreement that defines the
406cosponsor's rights and obligations and includes the following:
407     1.  An explanation of the personnel, contractual and
408interagency relationships, and potential revenue sources
409referenced in the application as required in paragraph (6)(c).
410     2.  Incorporation of the requirements of equal access for
411all students, including any plans to provide food service or
412transportation reasonably necessary to provide access to as many
413students as possible.
414     3.  Incorporation of the requirement to serve low-income,
415low-performing, gifted, or underserved student populations.
416     4.  An explanation of the academic and financial goals and
417expected outcomes for the cosponsor's charter schools and the
418method and plans by which they will be measured and achieved as
419referenced in the application.
420     5.  The conflict-of-interest policies referenced in the
421application.
422     6.  An explanation of the disposition of facilities and
423assets upon termination and dissolution of a charter school
424approved by the cosponsor.
425     7.  A provision requiring the cosponsor to annually appear
426before the commission and provide a report as to the information
427provided pursuant to s. 1002.33(9)(l) for each of its charter
428schools.
429     8.  A provision requiring that the cosponsor report the
430student enrollment in each of its sponsored charter schools to
431the district school board of the county in which the school is
432located.
433     9.  A provision requiring that the cosponsor work with the
434commission to provide the necessary reports to the State Board
435of Education.
436     10.  Any other reasonable terms deemed appropriate by the
437commission given the unique characteristics of the cosponsor.
438     (b)  No cosponsor may receive applications for charter
439schools until a cosponsor agreement with the commission has been
440approved and signed by the commission and the appropriate
441individuals or governing bodies of the cosponsor.
442     (c)  The cosponsor agreement shall be proposed and
443negotiated pursuant to the timeframes set forth in s.
4441002.33(6)(i).
445     (d)  The cosponsor agreement shall be attached to and shall
446govern all charter school contracts entered into by the
447cosponsor.
448     (8)  CAUSES FOR REVOCATION OF APPROVAL OF A COSPONSOR.--If
449at any time the commission finds that a cosponsor is not in
450compliance, or is no longer willing to comply, with its contract
451with a charter school or with its cosponsor agreement with the
452commission, the commission shall provide notice and a hearing in
453accordance with State Board of Education rule. If after a
454hearing the commission confirms its initial finding, the
455commission shall revoke the cosponsor's approval. The commission
456shall assume temporary sponsorship over any charter school
457sponsored by the cosponsor at the time of revocation.
458Thereafter, the commission may assume permanent sponsorship over
459such school or allow the school's governing body to apply to
460another sponsor or cosponsor.
461     (9)  CHARTER SCHOOL APPLICATION AND REVIEW.--Charter school
462applications submitted to the commission or to a cosponsor
463approved by the commission pursuant to subsection (6) shall be
464subject to the same requirements set forth in s. 1002.33(6). The
465commission or cosponsor shall receive and review all
466applications for FSE charter schools according to the provisions
467for review of charter school applications under s.
4681002.33(6)(b).
469     (10)  APPLICATIONS OF EXISTING CHARTER SCHOOLS.--
470     (a)  An application may be submitted pursuant to this
471section by an existing charter school approved by a district
472school board provided that the obligations of its charter
473contract with the district school board will expire prior to
474entering into a new charter contract with the commission or one
475of its cosponsors. A district school board may agree to rescind
476or waive the obligations of a current charter contract to allow
477an application to be submitted by an existing charter school
478pursuant to this section. A charter school that changes sponsors
479pursuant to this subsection shall be allowed to continue the use
480of all facilities, equipment, and other assets it owned or
481leased prior to the expiration or rescission of its contract
482with a district school board sponsor.
483     (b)  An application to the commission or one of its
484cosponsors by a conversion charter school may only be submitted
485upon consent of the district school board. In such instance, the
486district school board may retain the facilities, equipment, and
487other assets of the conversion charter school for its own use or
488agree to reasonable terms for their continued use by the
489conversion charter school.
490     (11)  APPLICATION OF CHARTER SCHOOL STATUTE.--
491     (a)  The provisions of s. 1002.33(7)-(12), (14), and
492(16)-(19) shall apply to the commission and the cosponsors and
493charter schools approved pursuant to this section.
494     (b)  The provisions of s. 1002.33(20) shall apply to the
495commission and the cosponsors and charter schools approved
496pursuant to this section with the exception that the commission
497or a cosponsor of a charter school approved pursuant to this
498section may retain no more than the actual cost of its
499administrative overhead costs expended to sponsor the charter
500school not to exceed 5 percent of the funding provided to the
501charter school.
502     (12)  ACCESS TO INFORMATION.--The commission shall provide
503maximum access to information to all parents in the state. It
504shall maintain information systems, including, but not limited
505to, a user-friendly Internet website, that will provide
506information and data necessary for parents to make informed
507decisions. At a minimum, the commission must provide parents
508with information on its accountability standards, links to
509schools of excellence throughout the state, and public education
510programs available in the state.
511     (13)  ANNUAL REPORT.--Each year, the chair of the
512commission shall appear before the State Board of Education and
513submit a report regarding the academic performance and fiscal
514responsibility of all charter schools and cosponsors approved
515under this section.
516     (14)  IMPLEMENTATION.--The State Board of Education shall
517adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
518facilitate the implementation of this section.
519     Section 2.  Paragraphs (d) through (h) of subsection (6) of
520section 1002.33, Florida Statutes, are redesignated as
521paragraphs (e) through (i), respectively, a new paragraph (d) is
522added to that subsection, and paragraph (b) of subsection (5),
523paragraph (f) of subsection (8), and paragraph (a) of subsection
524(17) of that section are amended, to read:
525     1002.33  Charter schools.--
526     (5)  SPONSOR; DUTIES.--
527     (b)  Sponsor duties.--
528     1.a.  The sponsor shall monitor and review the charter
529school in its progress toward the goals established in the
530charter.
531     b.2.  The sponsor shall monitor the revenues and
532expenditures of the charter school.
533     c.3.  The sponsor may approve a charter for a charter
534school before the applicant has secured space, equipment, or
535personnel, if the applicant indicates approval is necessary for
536it to raise working capital.
537     d.4.  The sponsor's policies shall not apply to a charter
538school.
539     e.5.  The sponsor shall ensure that the charter is
540innovative and consistent with the state education goals
541established by s. 1000.03(5).
542     f.6.  The sponsor shall ensure that the charter school
543participates in the state's education accountability system. If
544a charter school falls short of performance measures included in
545the approved charter, the sponsor shall report such shortcomings
546to the Department of Education.
547     g.  The sponsor shall not be liable for civil damages under
548state law for personal injury, property damage, or death
549resulting from an act or omission of an officer, employee,
550agent, or governing body of the charter school.
551     h.  The sponsor shall not be liable for civil damages under
552state law for any employment actions taken by an officer,
553employee, agent, or governing body of the charter school.
554     i.  The sponsor's duties to monitor the charter school
555shall not constitute the basis for a private cause of action.
556     2.  Immunity for the sponsor of a charter school under
557subparagraph 1. applies only with respect to acts or omissions
558not under the sponsor's direct authority as described in this
559section.
560     3.  Nothing contained in this paragraph shall be considered
561a waiver of sovereign immunity by a district school board.
562     4.  A community college may work with the school district
563or school districts in its designated service area to develop
564charter schools that offer secondary education. These charter
565schools must include an option for students to receive an
566associate degree upon high school graduation. District school
567boards shall cooperate with and assist the community college on
568the charter application. Community college applications for
569charter schools are not subject to the time deadlines outlined
570in subsection (6) and may be approved by the district school
571board at any time during the year. Community colleges shall not
572report FTE for any students who receive FTE funding through the
573Florida Education Finance Program.
574     (6)  APPLICATION PROCESS AND REVIEW.--Beginning September
5751, 2003, applications are subject to the following requirements:
576     (d)  For charter school applications in school districts
577that have not been granted exclusive authority to sponsor
578charter schools pursuant to s. 1002.335(5), the right to appeal
579an application denial under paragraph (c) shall be contingent on
580the applicant having submitted the same or a substantially
581similar application to the Florida Schools of Excellence
582Commission or one of its cosponsors. Any such applicant whose
583application is denied by the commission or one of its cosponsors
584subsequent to its denial by the district school board may
585exercise its right to appeal the district school board's denial
586under paragraph (c) within 30 days after receipt of the
587commission's or cosponsor's denial or failure to act on the
588application. However, the applicant forfeits its right to appeal
589under paragraph (c) if it fails to submit its application to the
590commission or one of its cosponsors by August 1 of the school
591year immediately following the district school board's denial of
592the application.
593     (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
594     (f)  If a charter is not renewed or is terminated, the
595charter school is responsible for all debts of the charter
596school. The district may not assume the debt from any contract
597for services made between the governing body of the school and a
598third party, except for a debt that is previously detailed and
599agreed upon in writing by both the district and the governing
600body of the school and that may not reasonably be assumed to
601have been satisfied by the district.
602     (17)  FUNDING.--Students enrolled in a charter school,
603regardless of the sponsorship, shall be funded as if they are in
604a basic program or a special program, the same as students
605enrolled in other public schools in the school district. Funding
606for a charter lab school shall be as provided in s. 1002.32.
607     (a)  Each charter school shall report its student
608enrollment to the sponsor district school board as required in
609s. 1011.62, and in accordance with the definitions in s.
6101011.61. The sponsor district school board shall include each
611charter school's enrollment in the district's report of student
612enrollment. All charter schools submitting student record
613information required by the Department of Education shall comply
614with the Department of Education's guidelines for electronic
615data formats for such data, and all districts shall accept
616electronic data that complies with the Department of Education's
617electronic format.
618     Section 3.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.